Older Uniform Acts

1997 Electronic Evidence Act Consultation Paper

Conclusion

[77] Despite the variety of electronic records and the differing approaches the courts have taken to them - while generally admitting them, the issues for reforming the law of evidence are relatively straightforward. The ULCC believes that reform need address only two or three problems: the presence of a (low) barrier at the time of admission; the abolition of the search for original records or some other format as good as an original; and clear authority of the court to judge the integrity of a record by the integrity of the system that produced such record, either for admissibility and weight, or for weight alone.

[78] We believe that if the law is amended to ensure that the quest for an original electronic record is abandoned, or the original of an electronic record, then the questions of solicitors and record managers will be largely relieved. The demand for reform on a statute-by-statute basis should also disappear.

[79] Users will face the need to establish the integrity of their records, based largely on the reliability of their systems in maintaining the records. Some will be disappointed that we do not endorse a particular industry standard for reliability. We believe that, over time, the amendments proposed in this paper will provide greater flexibility and accommodate technological innovation.

[80] The ULCC welcomes your views.


Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018